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ARCHIVED — Vol. 146, No. 51 — December 22, 2012

Regulations Amending the Schedule to the Canada Marine Act

Statutory authority

Canada Marine Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

In January 2012, the Oshawa Harbour Commission was established as a Canadian port authority under subsection 10(1) of the Canada Marine Act (the Act). As part of transition measures, legislative amendments are necessary to ensure that the appropriate legal framework applies to the Oshawa Port Authority, and that the Port Authority can properly manage the port.

Objectives

The objective of the proposed amendment is to bring the Oshawa Port Authority under the same legal framework as all other Canadian port authorities.

Issues

The inclusion of the Oshawa Port Authority in the schedule of the Act would trigger the application of legislation and regulations to the Oshawa Port Authority, such that the Port Authority would be subject to the same legal requirements as all other Canadian port authorities and have the same authorities to maintain safety and order at the port.

Description

The proposed amendment would add the Oshawa Port Authority to Part 2 of the schedule of the Act.

Consultation

Consistent with past practice when other Canadian port authorities were added to the schedule of the Act, the amendment to add the Oshawa Port Authority to the schedule will be subject to a 30-day public consultation period.

Small business lens

The small business lens does not apply to this proposal.

Rationale

As per section 6 of the Canada Marine Act, all new Canadian port authorities must be listed in the schedule to the Act.

Implementation, enforcement and service standards

Section 127 of the Canada Marine Act provides that a person that contravenes a provision of the regulations under the Act for which no penalty is otherwise provided is guilty of an offence and liable to a fine of not more than $5,000 in the case of an individual and of not more than $50,000 in the case of a corporation.

In addition, section 128 of the Canada Marine Act provides that when an offence under this Act is committed by a person on more than one day or is continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Contact

PROPOSED REGULATORY TEXT

Notice is given that the Minister of Transport, pursuant to subsection 6(2) (see footnote a) of the Canada Marine Act (see footnote b), proposes to make the annexed Regulations Amending the Schedule to the Canada Marine Act.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be sent to Tim Meisner, Director General, Marine Policy, Department of Transport, Place de Ville, Tower C, 25th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (fax: 613-998-1845; e-mail: OPAregulations-APOreglements@tc.gc.ca).

Ottawa, November 20, 2012

DENIS LEBELMinister of Transport

REGULATIONS AMENDING THE SCHEDULE
TO
THE CANADA MARINE ACT

AMENDMENT

1. The reference to

Belledune Port Authority

Administration portuaire de Belledune

in Part 2 of the schedule to the Canada Marine Act (see footnote 1) is replaced by the following:

Belledune Port Authority

Oshawa Port Authority

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.